Received a County Court claim for Statute Barred debt, how do I defend? (Lowell)

fatbelly

Just keep the first sentence of the statement of truth.

It's Limitation Act - no s

It's a bit brief but if that is what they advise it should work fine

stu12345_2

how can interest of 8% per year still be added from the date of assignment, 2023, if it defaulted 15 years ago.

Warchilo

I believe the date of assignment is the date it was transferred from one collection company to another.

stu12345_2

Warchilo said:

I believe the date of assignment is the date it was transferred from one collection company to another.

yes , but at default stage, all interest stops, and that was 15 years ago, so if it was assigned in 2023, how can the new creditor demand to restart interest 

Warchilo

I have no idea, I haven't been in contact with them. 

fatbelly

The date that is relevant is the one they deliberately omitted

If you could give the date of default that would assist the court.

After all, it's not statute barred just because you haven't paid for 6 years. The clock only starts ticking on the expiry of the default notice

Warchilo

Yeah it definitely defaulted a long time ago, I remember getting the letter and seeing it on my credit file because I was having therapy trying to deal with some stuff that happened to me in Afghan and it completely derailed me and sent me in to a bit of a depressive period.

Unfortunately because of all my mental health issues exact dates and timelines are difficult to remember.

is there any way of discovering the date of default in the time I have left to file my defence? (12 days).

Thanks

fatbelly

Well you should check your credit files but that would be bad news if it was there because it would mean it defaulted less than 6 years ago.

You could also do a CPR request to the solicitor - template where I linked to earlier. I doubt that you would geta reply in time but you would add the lack of reply to your defence.

The other thing that LegalBeagles usually advise is a CCA request to the creditor. Again I doubt that you would get a reply in time but you would add the lack of reply to your defence.

Warchilo

The default was on my file, but dropped off at least 8 years ago (The only reason I know is because I moved house 8 years ago and had to check before applying for the tenancy agreement).

So that would make the default at least 14 years ago but I'm sure it's more then that because it defaulted when I was in my 20's just after leaving the Army and starting University and I'm now in my 40s.

Based off of advice from the LeagalBeagles forum this is the defence I have cobbled together -

In the [Northampton County Court Business Centre]

Claim No: XXXXX

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with HSBC Bank for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimants Particulars of Claim fail to state when the agreement was entered into.

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

8.The Claimants statement of case states that the account was assigned from HSBC Bank to Lowell Portfolio on Q1 2023. The Defendant does not recall receiving notice of this assignment.

9.It is denied that HSBC Bank served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________


Any last advice before I submit it?

Again, sorry for all the lengthy questions and thanks for all your help.

fatbelly

That's much better.

It's Limitation Act, not Limitations

I'm a little concerned that you are not telling the court just how old this is. I know 6 years is the period stated in the Act but it would hdlp to tell them what you've told me:

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitation Act 1980 in that no payment or acknowledgment has been made for over 14 years.

I also think you should highlight their lack of a default date in the poc because they are withholding relevant information from the court

9. The Claimants statement of case does not state the date of the Default Notice...